PR47 - FINA Doping Panel Decision - Rafael Muñoz Perez (ESP)


The FINA Doping Panel held a hearing on August 4, 2010 in Budapest (HUN) on the case of Spanish swimmer Rafael Muñoz Perez for alleged violation of FINA DC Rule 2.4, which covers the applicable requirements regarding athlete availability for out-of-competition testing during an 18-month period.

The Panel after taking into consideration the arguments of the swimmer’s defence, in particular the report presented by Dr. José Carlos Jaenes Sánchez, his doctor at the time of the first filing failure, considered that the swimmer was in a vulnerable psychological condition; therefore, this first occurrence within the scope of FINA DC Rule 2.4 was not taken into consideration.

Nevertheless, Mr. Muñoz still has recorded two filing failures and the FINA DC Rule 2.4 will again apply if a third whereabout failure (filing failure or missed test) happens until August 25, 2011, the end of the relevant 18-month period counted from the first filing failure established to the satisfaction of the Panel (February 25, 2010).

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